Return to CALJIC Part 5-8 – Contents
F 8.81.11a
Murder Of Judge/Prosecutor, Etc: Intent To Kill Required
(PC 190.2(a)(11) & PC 190.2(a)(12))
*Modify ¶ 3, lines 1-2 of CJ 8.81.11 to provide as follows [added language is capitalized; deleted language is between <<>>]:
2. The __________ was <<murdered>> INTENTIONALLY KILLED …
Points and Authorities
Proposition 115 amended PC 190.2(a)(11) and PC 190.2(a)(12) to require an intent to kill when a judge or prosecutor is killed. These Amendments correct the anomaly between these and other special circumstances by adding the intent to kill requirement.
Since this Amendment benefits the defendant, it must be applied to all cases not yet final when Proposition 115 was enacted on June 6, 1990. (Tapia v. Superior Court (91) 53 C3d 282, 297-99 [279 CR 592]; People v. Rossi (76) 18 C3d 295, 299-302 [134 CR 64].)
Failure to adequately instruct the jury upon matters relating to proof of any element of the charge and/or the prosecution’s burden of proof thereon violates the defendant’s state (Art. I, § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to trial by jury and due process. [See generally, FORECITE PG VII.]